Comments on: I am a renter of a property and i just received a letter staing that is in foreclosure what are my rights?

By: Dawni Do Right

Dawni Do Right — Fri, 12 Jun 2009 23:55:14 +0000

Many states are amending their Landlord Tenant Laws to include provisions for your situation. It is becoming extremely common unfortunately.

You will need to google your state’s landlord tenant laws to see if it is still in the works or has passed. Some are amending to require longer notice, escrowing of your rent to insure repairs are made and utilities are paid, assistance with relocations costs, etc.

Other than petitioning for your rent to be held in escrow to insure utilities are paid, there is not much a court can help you with, unless you end up suing for the refund of your deposit. Demanding the bank to refund it will be more likely.

Post more as time passes. At some point you may be offered “Cash For Keys”. If so, get it in writing & don’t agree to the first offering. There are other means of stalling your eviction. Those can be addressed as they arise.

By: Gertie

Gertie — Thu, 11 Jun 2009 22:50:10 +0000

Yes she can become current with her payment and get out of the foreclosure process. You should contact her regarding this and find out what her intentions are.

By: Landlord

Landlord — Tue, 09 Jun 2009 09:38:31 +0000

She is most likely to save her property. Very few people actually allow a foreclosure to finish.

You have nothing to take her to court over. She is the one loosing her property, you are not loosing anything. You can not file a law suit w/o any damages.

By: bigpipe99

bigpipe99 — Sat, 06 Jun 2009 12:01:17 +0000

Sorry to say but you the renter have no rights. I would start looking for a place to move to. I also would not pay the landlord any more rent as you know they have not been paying their mortgage.

By: I have a dog...

I have a dog... — Wed, 03 Jun 2009 03:24:37 +0000

I would contact the bank, they may be willing to sell it to you for what she owes especially with your documentation. Call your sheriffs office and ask who you should be paying your rent to as well, she just broke any lease you had by the way. If anything I would ask her if she will refund your dep. if no, get it in writing you can stay rent free the rest of the time to make up for last months rent, deposit and to keep you from taking her to court for moving expenses.

By: acermill

acermill — Sat, 30 May 2009 18:57:53 +0000

Your situation is not a pretty one. If the property advances through foreclosure, your lease will not transfer to the new owners, which will probably be the lender involved. After completion of the foreclosure, you will probably be told you have thirty days tops to vacate the premises.

Meanwhile, any security deposit, if she does not return it, will not be the lender’s responsibility. You can take the landlord to small claims court for any monies due to you, including moving expenses (she did not fulfill her written lease, if there is one). However, if she cannot pay the mortgage, she probably does not have monies to pay your judgment either.